ORDER :

AVINASH G. GHAROTE, J.

1. A learned Single Judge of this Court in Maharashtra State Cotton Marketing Employees Co-operative Spinning Mill Limited, Akola Vs. Satish Narayanrao Gawande, 2019 (6) Bom.C.R. 15, while considering an issue as to whether the Court had the power to condone the delay if an application under Section 31 (2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short “the Act of 1971” hereinafter) was made after a period of thirty days from the date of such ex parte order, but within thirty days of receiving the copy of such ex parte order, and noticing the conflict of views as indicated in para 15 thereof (para 17 of 2019 SCC OnLine Bom 247) which is as under :-

“17. It can thus be seen that on one hand, it has been held by the Division Bench in Letters Patent Appeal No. 3 of 2004 [supra] that there is no power with the Court concerned to condone the delay on the lines of such power as provided under Section 28(1) of the said Act which decision has been subsequently followed in Dilip Vithalrao Jogdand and Baban Raosaheb Dongre (supra). There is yet another line of cases taking the view that such delay is l